Download Constitutional Design for Divided Societies: Integration or by Sujit Choudhry PDF

By Sujit Choudhry

How should still constitutional layout reply to the possibilities and demanding situations raised by means of ethnic, linguistic, spiritual, and cultural alterations, and achieve this in ways in which advertise democracy, social justice, peace and balance? this can be the most tricky questions dealing with societies on this planet at the present time.

There are colleges of inspiration on easy methods to solution this question. less than the heading of "accommodation", a few have argued for the necessity to realize, institutionalize and empower transformations. there are a selection of constitutional tools to be had to accomplish this target, similar to multinational federalism and administrative decentralization, felony pluralism (e.g. spiritual own law), other kinds of non-territorial minority rights (e.g. minority language and non secular schooling rights), consociationalism, affirmative motion, legislative quotas, and so forth. yet others have countered that such practices may well entrench, perpetuate and exacerbate the very divisions they're designed to control. They suggest a variety of substitute innovations that fall lower than the rubric of "integration" that may blur, go beyond and cross-cut variations. Such techniques comprise debts of rights enshrining common human rights enforced by way of judicial overview, rules of disestablishment (religious and ethnocultural), federalism and electoral structures designed in particular to incorporate individuals of alternative teams in the comparable political unit and to disperse contributors of an identical team throughout various devices, are a few examples.

In this quantity, best students of constitutional legislation, comparative politics and political concept deal with the talk at a conceptual point, in addition to via a number of nation case-studies, via an interdisciplinary lens, yet with a felony and institutional focus.

Show description

Read or Download Constitutional Design for Divided Societies: Integration or Accommodation? PDF

Similar comparative books

Evaluating Social Funds: A Cross-Country Analysis of Community Investments

Brought in Bolivia a bit over a decade in the past, social money became a key community-led poverty aid device. A departure from conventional government-sponsored techniques, social cash motivate groups and native associations to take the lead in choosing and conducting small-scale investments, commonly in social infrastructure akin to colleges, health and wellbeing clinics, and small-scale water provide and sanitation.

The Regulatory Function of European Private Law

Within the context of the present debate at the desirability and strategy of forming eu inner most legislation (EPL), this publication considers one basic query addressing its descriptive and normative size: does and may EPL pursue regulatory goals past marketplace integration? The editors argue that simply because nationwide different types are of little assist in greedy the features of a multi-level regulatory method, it's important to hyperlink 3 views: deepest legislations, rules and clash of legislation.

Comparative Hearing: Mammals

The Springer instruction manual of Auditory examine provides a sequence of comprehen­ sive and artificial experiences of the elemental issues in sleek auditory learn. The volumes are geared toward all people with pursuits in listening to examine together with complex graduate scholars, postdoctoral researchers, and scientific investigators.

The "Dematerialized" Insurance: Distance Selling and Cyber Risks from an International Perspective

This publication adopts a global point of view to ascertain how the net sale of assurance demanding situations the coverage legislation and the assurance agreement, with a spotlight on coverage revenues, buyer defense, cyber hazards and privateness, in addition to dispute solution. this day insurers, policyholders, intermediaries and regulators engage in an more and more on-line global with profound implications for what has during the past been a historically working undefined.

Additional resources for Constitutional Design for Divided Societies: Integration or Accommodation?

Example text

Lijphart, supra note 5, at 24. Bridging comparative politics and comparative constitutional law 27 But as McGarry, O’Leary, and Simeon note, this is a set of assumptions that does not underlie every set of constitutional strategies on how to respond to the facts of a divided society. The overview chapter distinguishes between two general approaches to this issue. Each proceeds from a different set of assumptions about the durability and depth of ethnic political divisions. On the one hand, there are “accommodationists”, who “insist that in certain contexts, national, ethnic, religious and linguistic divisions and identities are resilient, durable and hard”.

The next three sections of this introduction address the following issues: the debate between Arend Lijphart and Donald Horowitz which has defined the approach of comparative politics to constitutional design for divided societies (section 2); the relationship between the overview chapter by McGarry, O’Leary, and Simeon and that debate (section 3); and the contributions of the remaining Bridging comparative politics and comparative constitutional law 15 chapters to the choice between integration and accommodation set up by the overview chapter (section 4).

Lijphart suggests that a minority will instead seek credible commitments of security and protection from abuse. By way of illustration, Lijphart suggests that vote pooling in Iraq would produce a government dominated by the Shia but supported by Sunni and Kurds , and that “it is . . hard to imagine that Kurdish and Sunni members of a broadly representative constituent assembly would ever agree to a constitution that would set up such a system”. ⁷⁶ On this point, Horowitz appears ⁷⁴ Id. at 192.

Download PDF sample

Rated 4.78 of 5 – based on 40 votes